HomeMy WebLinkAboutNCS000559_FINAL PERMIT_20180201STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
,{ ��! `u 0 S�
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT .
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ e
YYYYMMDD
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONIN7ENTAL QUALITY
DIVISION OF ENERGY, i11INERAL, AND LAND RESOURCES
PERMIT NO. NCS000559
TO DISCHARGE STORNIWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina ]:nvironmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Clayton
is hereby authorized to discharge stormwater from their municipal separate storm sewer syslcm located:
Within the Town of Clayton's jurisdictional area
Johnston County
to receiving waters of the State, Big Arm Creek, Littic Creek, Marks Creek, and Neuse River, within the
Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and Other
conditions set forth in Parts I, if, III, IV, V, V1, VII and Vill hereof.
This permit shall become effective February 1, 2019.
This permit and the authorization to discharge shall expire at midnight on January 31, 2021
Signed this day January 23, 201 &
Original Signed by Robert D. Patterson
fvr William E. Toby Vinson, .Ir., P.L;., CPESC, CPM
Division of Energy, Mineral, and Land Resources
By the Authority cif the Environmental Management Commission
PI RMiT NO. NCS000559
TABLE OF CONTENTS
PART 1 PERMIT COVERAGE
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B. PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICI"I' DISCHARGE DE'I'EC'I'ION AND ELIMINATION (11)DE)
SECTION E: CONSTRUCTION SITE; RUNOFF CONTROLS
SECTION I:: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION II: TOTAL MAXIMUM DAILY LOADS (TMDLS)
SECTION I: ELECTRONIC REPORTING Ol� REPORTS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: INSPECTION, L""•NTRY AND AVAILA131LITY OF REPORTS
PART VI LIMITATIONS RL•OPI:NER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
PLRMiT NO, NCS000559
PART 1 PERMIT COVERAGE
A. During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Clayton is authorized to discharge stormwater from the municipal separate storm sewer
system (MS4) to receiving waters, Big Arm Creek, Little Creek, Marks Creek, and Neuse River,
within the Neuse River Basin. Such discharge will be controlled, limited and monitored in
accordance with this permit and the permittee's Storin water Quality Management Program,
herein referred to as the Stormwater Plan, The Storimvater Plan shall detail the permittee's
stormwater management program for the five-year term of the stonmwater permit, for each
measure identified in the permit, a narrative description of the program, a table that identifies
each best management practice (BMP) used, the frequency of the BMP, the measurable goals for
each BMP, the Implementation schedule, funding and the responsible person or position for
implementation.
B. All discharges authorized herein shall be managed in accordance with the terms and conditions of
this permit. Any other point source discharge to surface waters of the state is prohibited unless it
is an allowable non-stormwater discharge or is covered by another permit, authorization, or
approval.
C. This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
D, This permit covers activities associated with the discharge of stormwater from the MS4 within the
corporate limits of the permittee_ The permit applies to the corporate limits of the permittee, as
well as areas that seek coverage under this permit through inter -local or other similar agreements
with permittee- Agreements for coverage Under this permit shall be approved by the Division of
Energy. Mineral and Land Resources, hercin r-cferTed to as the Division.
E. The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit far specific entities.
F. All provisions contained and referenced in the Stormwater Plan along witli all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable
under State and local law, the permittee must develop and implement a Stornnvatcr Plan in
accordance with Section 402(p)(3)(B)(111) of the Clean Water Act. The purpose of the
Stormwater Plan is to describe the means that the permittee will use to comply with the permit
and Nwith file provisions of the Clean Water Act. Compliance with the six minimum measures in
40 CPR § 122.34(b) and with the requirements of this permit constitute compliance with the
Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent
practicable (MEP), to protect water quality, and to satisfy the applicable water quality
requirements of the Clean Water Act. Implementation of best management practices consistent
with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing
pollutants to file MEll.
Part 1 Page 1 of 2
PERM IT NO. NCS000559
H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition. discharges of non-storrwater are also authorized through the MS4 of the pertnittee if
such discharges are:
i . Permitted by, and in compliance with, another permit, authorization, or approval,
including discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
2. Have not been determined to be significant sources of pollutants to the MS4 and may
include:
• water line and fire hydrant flushing,
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• individual residential and charity car washing;
• flows from riparian habitats and wetlands;
• dcchlorinated swimming pool discharges;
• street wash water;
• flows from fire fighting activities: and
• splash pad (spray ground) water from potable water source only:
3. The Division may require that non-stormwater flows of this type be controlled by
the permittee's Stormwater Plan if it has been documented that the non-
storniwater flow has been determined to be a significant impact.
1. Unless odiciivise stated, full compliance with the requirements of the permit is expected
upon the effective date of the permit.
Part 1 Page 2 of 2
PLRM IT NO, NCS000559
PART II FINAL LIMITATIONS AND CONTROLS FOR PER1%1ITT1,,1) DISCHARGES
SECTION A: PROGRAM IMPLEMENTATiON
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the
maximum extent practical the discharge of pollutants front its municipal storm sewer system associated
with storinwater runoff and illicit discharges, including spills and illegal dumping. The overall program
implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to
determine implementation status and progression toward meeting the pollutant control intent of the
Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process that has been approved by
the Division and is at least as stringent as the annual review described herein. Voluntary assessments,
quell as the MSb Program cSLablished by the Stormwater Association of North Carolina (SWANC), NC
APWA and their partners may be conducted by the local government, another local government with and
NPDpS MS4 permit, or an independent third party and shall be reviewed and approved by the Division.
This includes, but is not limited to, the following areas:
The permittce will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan
shall identify a specific position(s) responsible for the overall coordination, implementation, and
revision to the Plan. Responsibilities for all cornponcnts of the Plan shall be documented and
position(s) assignments provided.
2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance
and effectiveness of the program components at least annually. Results will be used by the
permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. If the permittee implements the six minimum control measures and the
discharges arc determined to cause or contribute to non -attainment of all applicable water quality
standard, to address the non -attainment, the permittce shall expand or better tailor its 13.MPs
within the scope of the six minimum control measures.
The pennittec is required to keep the Stormwater Plan up to date. Where the permittce
detcnnines, or is informed by the Division that modifications arc needed to address any
procedural, protocol, or programmatic change, such changes shall be made as soon as practicable,
but not later than 90 days, unless an extension is approved by the Division. When it notifies the
Division of proposed modifications, the permittce will include in explanation and justification of
the proposed changes. The permittce shall provide at least 30 days for the Division to provide
feedback on proposed modifications_ Major modifications to the Stormwater Plan shall not lake
effect until approved by the Division.
4. `file permittee is required to make available its Stormwater flan to the Division upon request. The
permittce is required to keep an up-to-date version of its Slornnvater Plan available to [lie
Division and the public online. At a minimum, the online materials shall include ordinances, or
other regulatory mechanisms. or a list identifying the ordinances, or other regulatory nice hall isills.
providing the legal authority necessary to implement and enforce the requirements of the permit.
The Division may review reports submitted by the permittce to assure that the Stormwater Plan is
implemented appropriately to address the requirements of the permit. The Division may require
modifications to any part of the pertnittee's Stormwater Plan where deficiencies are found. if
modifications to the Stormwater Plan are necessary, the Division will notify the permittee of the
Part lI Page 1 of 18
PERM IT NO. NCS000559
need to modify the Stormwater Plan to be consistent with the permit and will establish a deadline
to finalize such changes to the program. The permittee may provide feedback and propose
alternative options to the requested modifications. Both the Division and permittee shall each
provide at least 30 days to provide feedback on such modifications.
Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the
responsibility to implement the minimum control measures with other entities provided:
a. The other entity, in fact, implements the control measure;
b. The control measure, or component thereof, is at least as stringent as the corresponding
NPDE-"S permit requirement; and
c. The other entity agrees to implement the control measure on behalroftile MS4.
Unless implemented by the State or where delegated by the state; the permittee remains
responsible for compliance if the other entity fails to perform the permit obligation and
may be subject to enforcement action if neither the permittee nor the other entity fully
performs the permit obligation.
The Pertnittee shall maintain, and make available to the Division upon request, written
procedures for implementing the six minimum control measures. Written procedures shall
identify specific action steps, schedules, resources and responsibilities for implementing the six
minimum treasures. Written procedures can be free standing, or where appropriate, integrated
into the Storm Water Management Plan.
Part II Page 2 of 18
PI-RMiT NO. NCS000559
SECTION B: PUBLIC EDUCATION AND OUTREACH
Objectives for Public Education and Outreach
Distribute educational materials to the community or conduct equivalent outreach
activities addressing impacts of storm water discharges on water bodies and the steps the
Public can take to reduce pollutants in storm water runoff.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public Lducation
and Outreach Program and shall notify the Division prior to modification of any goals.
BNIP
Measurable Goals
a. Goals and Objectives
Defined goals and objectives of the Local Public I-dUcation and
Outreach Program based on community wide issues.
b. Describe target pollutants
The pennittee shall maintain a description of the target
and/or stressors
pollutants and/or stressors and likely sources.
c. Describe target audiences
The permittee shall maintain a description of the target
audiences likely to have significant storm water impacts and
why they were selected.
d. Describe residential and
The permittee-shall describe issues, such as pollutants, likely
industrial/commercial issues
sources of those pollutants, impacts, and the physical attributes
of storrilwater mnoff, in their education/outreach program.
e. Informational Web Site
The permittee shall promote and maintain, an internet web site
designed to convey the program's message.
f. Distribute public education
The permittee shall distribute stormwater educational material to
materials to identified target
appropriate target groups (ex.: schools, homeowners, and/or
audiences and user groups.
businesses). Instead of developing its own materials, the
permittee may rely on Public Education and Outreach materials
supplied by the state, and/or other entities through a cooperative
agreement, as available, when implementing its own program.
g. Maintain Hotline/1-felp line
The permittee shall promote and maintain a stormwater
hotline/helpline for the purpose of public education and outreach.
li. Implement a Public Education
The permittee's outreach program, including those CICImCntS
and Outreach Program.
implcmcnlcd locally or through a cooperative agreement shall
include a combination of approaches designed to reach the target
audiences. For each media, event or activity, including those
elements implemented locally or through a cooperative
agreement the perrnittec shall estimate and record the extent of
exposure.
fart II Page 3 of i8
PERMIT NO. NCS000559
SECTION C: PUBLIC INVOLVEi IEN'I' A\I) PAR'I'ICIPATlO\
Objectives for Public Involvement and Participation
Comply with State and local public notice requirements when implementing a public involvement
and participation program.
BAII's for Public Involvement and Participation
The pennittee shall implement the I61lowing BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
BNIP
Measurable Goals
a. Volunteer community
The permittec shall include and promote volunteer opportunities
involvement program
designed to promote ongoing citizen participation.
b. Mechanism for Public
The pennittee shall provide and promote a mechanism for public
involvement
involvement that provides for input on stormwater issues and the
storntwater program,
c. Flotline/Help line
The permittee shall promote and maintain a hotlinelhelplinc for
the purpose ol'public involvement and participation.
Part 11 Page 4 of 18
PERMIT NO. NCS000559
SECTION D: ILLICiT DISCHARGE DETECTION AND ELiiMINATION (IDDE)
I. Objectives for Illicit Discharge Detection and Elimination
a. Implenicnt and enforce a program to detect and eliminate illicit discharges into the MS4.
b. Maintain a storm sewer systern niap, showing the location of all major outfalls and the
names and location of rill waters of the United States that receive discharges from those
outfall s;
C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges
except as allowed in this permit and itnplemenrappropriate enforcement procedures and
actions;
d. Implement a plan to detect and address non -storm Nvater discharges, including illegal
dumping, to the MS4;
C. Inform public employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste; and
I'. Address the categories of non -storm water discharges or flows (i.e., illicit discharges) in
Part 1+1 of this permit only if you identify them as significant contributors of pollutants to
the MS4.
2. Bl\lPs for Illicit Discharge Detection and Elimination
The permittce shall implement the following BM to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
BM P .
Measurable Goals
a. Maintain adequate legal authorities
The permittce shall annually review the permittee's IDDE
ordinances or other regulatory mechanisms, or adopt any new
ordinances or other regulatory mechanisms tliat provide the
pernittec with adequate legal authority to prohibit illicit
connections and discharges and enforce the approved IDDE
Program.
b. Maintain a Storm Sewer System
The pennittec shall maintain a current map showing major
Base Map of'Major Outfalls.
outfalls and receiving streams
c. Detect dry weather flows
The permittee shall maintain a program for conducting dry
weather flow field observations in accordance with a written
procedure for detecting and removing the sources of illicit
discharges.
d. hivestigate sources of identified
The permittee shall maintain, and evaluate annually written
illicit discharges,
procedures for conducting investigations of identified illicit
discharges.
e. Track and document investigations
The permittee shall track all investigations and document the
illicit discharges
date(s) the illicit discharge was observed; the results of the
investigation; any follow-up of the investigation; and the date
the investigation was closed.
Part It Page 5 of 18
PERMIT NO. NCS000559
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f. Employee `training
The permittee shall implement and document a training
program for appropriate municipal staff who as part of their
normal job responsibilities, may come into contact wish or
otherwise observe an illicit discharge or illicit connection to
the storm seNver system.
g. Provide Public .Education
The permittee shall inform public employees, businesses, and
the general public of hazards associated with illegal discharges
and improper disposal of waste.
h. Public reporting mechanism
The permittee shall promote, publicize, and facilitate a
reporting mechanism for the public and staff to report illicit
discharges and establish and implement citizen request
response procedures.
i. Enforcement
The permittee shall implement a mechanism to track the
issuance of notices of violation and enforcement actions as
administered by the permittee. This mechanism shall include
the ability to idcmi tv chronic violators for initiation of actions
to reduce noncompliance.
Part I I Page 6 of IS
PERMIT NO. NCS000559
SECTION E: CONS'mucrlON SITE: RUNOFF CONTROLS
Compliance with a delegated Sediment and Erosion Control Program effectively meets the maximum
extent practicable (MEP) standard for Construction Site Runoff Controls by permitting and
controlling development activities disturbing one or more acres of land surface and those activities
less than one acre that are part of a larger common plan of development as authorized under the
Sediment Pollution Control Act of 1973 and Chapter 4 of Title I5A of the North Carolina
Administrative Code.
Pursuant to 40 CFR 122.35(b) the permittee may rely on the N.C. Division of Energy, Mineral,
and Land Resources Sediment and Erosion Control Program to comply with this minimum
measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion
Control Program effbctively meets the MI -A) standard for Construction Site Runoff Controls by
permitting and controlling development activities disturbing one or more acres of land surface
and those activities less than one acre that are part of a larger common plan of development as
authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title l5A ofthc
North Carolina Administrative Code. The N.C. Division of Energy, Mineral, and Land Resources
Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the Slate
effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973
and Chapter 4 of Title 15A of the North Carolina Administrative Code.
Pursuant to 40 CI-R 122.35(b), the periniucc may rely on a delegated Sediment and Erosion
Control Program to comply with this minimum measure. 'rile delegated Sediment and Erosion
Control Program effectively meets the Ml--l' standard for Construction Site Runoff Controls by
permitting and controlling development activities disturbing one or more acres of land surface
and those activities less than one acre that are part of a larger common plan ol'development as
authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the
North Carolina Administrative Code. The delegated Sediment and Erosion Control Program
continues to be monitored by the. State to ensure the County effectively meets the M EP standard
established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the
North Carolina Administrative Code.
The NCGO10000 permit, as administered by the State, establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout, chemicals,
litter, and sanitary waste at the construction site that may cause adverse impacts to water quality.
The permittce shall provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittce may
implement a plan promoting the existence of the North Carolina Department of
Environmental Quality (NCDL-Q or DEQ), Division of Energy, Mineral, and Land
Resources "Stop Mud" hotline (1-800-STOPMUD) to meet the requirements of this
paragraph.
Part II Page 7 of 18
PERMIT NO. NCS000559
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Post -Construction Site Runoff Controls
a. lmplenient and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater than or equal to one acre, including
projects less than one acre that are part of a larger common plan of development or sale,
that discharge into the small MS4. The program shall ensure that controls are in place that
would prevent or minimize water quality impacts.
b. Implement strategies which include a combination of Structural Stormwater Control
Measures (SCM) and/or non-structural SCMs appropriate for the community,
C. Use an ordinance or other regulatory mechanism to address post -construction runoff from
new development and redevelopment projects; and
d. Ensure adequate long-term inspection and maintenance of SCMs.
2. BNIPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
Construction Stornrvater Management Program. To the extent there is any conflict between this
permit and the post -construction ordinances adopted by the permittee as approved by the
Division, the post -construction ordinances shall apply to permit compliance.
casurable Goals F
a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism,
adequate legal authorities designed to meet the objectives of
the Post -Construction Site Runoff Controls Stormwater
Management program.
The permittee shall have the authority to review designs and
proposals for new development and redevelopment to
detenmine whether adequate stormwater control measures
will be installed, implemented, and maintained
The permittee shall have the authority to request information
such as stormwater plans, inspection reports, monitoring
results, and other infonnation deemed necessary to evaluate
compliance with the Post -Construction Stormwater
Management Program.
The permittee shall have the authority to enter private
property for inspections at reasonable times any facilities,
equipment, practices, or operations related to stormwater
discharges to determine whether there is compliance the Post -
Construction Stormwater Management Program.
Part 11 Page 8 of 18
PERMIT NO. NCS000559
BMP
Measurable Coals
b. Strategies which include
Maintain strategies that include a combination of structural
Stormwater Control Measures
and/or non-structural SCMs implemented in concurrence
(S(;Ms) appropriate for the MS4
with (a) above. Provide a mechanism to require long-term
operation and rnaintcnancc of structural SCMs. Require
annual inspection reports of permitted structural SCMs
performed by a qualified professional.
A qualified professional means an individual trained and/or
certified in the design, operation, inspection and maintenance
aspects of the 13M1's being inspected, for example, someone
trained and cerlitied by NC Stale For BMP inspection &
Maintenance.
Within 12 months of the effective date of this permit, the
permittee shall evaluate, and revise as needed, SCM
requirements, to be at least as stringent as the minimum
requirements in 15A NCAC 02H A000.
C. Plan reviews
The permittee shall conduct site plan reviews of all new
development and redeveloped sites that disturb greater than
or equal to one acre (including sites that disturb less than one
acre that are part of a larger common plan of development or
sale). The site plan review shall address how the project
applicant meets the performance standards, and how the
project will ensure long-term maintenance
d. Inventory ofprojects with post-
The permittee shall maintain an inventory of projects with
construction structural stormwater
post -construction structural stormwater control measures
control measures
installed and implemented at new development and
redeveloped sites, including both public and private sector
sites located within the perniittee's corporate limits that are
covered by its post -construction ordinance requirements.
e. Deed Restrictions and Protective
The permittee shall provide mechanisms such as recorded
Covenants
deed restrictions and protective covenants that ensure
development activities will maintain the pro.jcct consistent
with approved plans.
f. Provide a mechanism to require
The perrniuce shall implement or require an inspection and
long-term inspection and
maintenance plan for the long-term operation of the SCMs
maintenance of Stormwater Control
required by the program. The inspection and maintenance
Measures (SCMs).
plan shall require the owner of each SCM to perform and
maintain a record of annual inspections of each SCM.
Annual inspection ofpermitted structural SCMs shall be
performed by a qualified professional.
g. inspections
To ensure that all stormwater control measures are being
maintained pursuant to its maintenance agreement, the
ermittee shall conduct and document inspections of each
Part I I Page 9 of 18
PERMIT NO. NCS000559
prgject site covered under performance standards, at least one
time during the permit terns.
Before issuing a certificate of occupancy or temporary
certificate of occupancy, the permittee shall conduct a post -
construction inspection to verify that the perntittee's
performance standards have been met.
The permittee shall document and maintain records of
inspection findings and enlorcement actions and make them
available for review by the permitting authority.
h, Educational materials and training The permittee shall make available through paper or
for developers electronic means, ordinances, post -construction
requirements, design standards checklist, and other materials
appropriate for developers. New materials may be
developed by the permittee, or the permittee may use
materials adopted from other- programs and adapted to the
p&rnittee's new development and redevelopment program.
i. Enforcement The permittee shall track the issuance ofnotices ofviolation
and enforcement actions. This mechanism shall include the
ability to identify chronic violators for initiation of actions to
reduce noncompliance-
3. Post -construction Stormwater Runoff Controls for New Development
a. To fulfill the post -construction minimum measure program requirement the per-tnittee
may trse the Department's model ordinance, design its own post -construction practices
that meet or exceed the rules found in 15A NCAC 02H A 000, or develop its own
comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater management measure required by 40 Code of Federal
Regulations § 122.34(b)(5) (I July 2003 Edition).
The permittee shall meet the requirements of the past -construction program for
construction projects that are performed by, or under contract for,.the permittee. To meet
this requirement, the permittee may either develop the necessary requirements for post -
construction controls that will pertain to their own projects, or develop procedures to
ensure that the permittee meets these requirements by complying with another entity's
Phase If Stormwater Management Programs for post -construction. If the permittee
decides to rely on another prograrn for compliance with these program areas for their own
projects, they shall indicate in their Stormwater Management Plan that the permittee will
fully comply with the requirements of the second party's past -construction programs.
Pursuant to 15A NCAC 021-1 .1017(9): to the extent allowable under State law, additional
requirements shall apply to projects draining to sensitive receiving waters. For areas
draining to Nutrient Sensitive Waters (NSW), where the Department has approved a
locally implemented NSW Stormwater Management Program that addresses post -
Part I1 Page 10 of 18
PERMIT NO. NCS000559
construction runoff, the provisions of that program fulfills the MS4 post -construction
requirement.
The design volume of SCMs shalt account for the runoff at build out from all surfaces
draining to the system. Drainage from off -site areas may be bypassed.
e. Pursuant to 15A NCAC 021-1 .1001(1)(c), to fulfill the post -construction mrnintum
measure requirement for linear transportation projects, including undertaken by an entity
other than Noillt Carolina Department of Transportation (NCDOT), and are projects
constructed to NCDOT standards that will be conveyed to the State upon completion, the
permittee or regulated entity may use the Stormwater Hest Management Practices
Toolbox (Version 2, April 2014), including any subsC+Wnt amcnd]nents and editions,
developed by the NCDOT. This NCDOT Storniwater BMP Toolbox is available at:
htt s://connect.ncdol. 7ov/resources/h dro/Paws/Hi hwa Storni\v3ter-Pro Tram.as x
Part 11 Page I I of 19
PERMIT NO. NCS000559
SECTION G: POI.LUT10\ PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
Implement an operation and maintenance program that includes a training; component and
has the goal of preventing or reducing pollutant runoff from municipal operations.
b. Provide employee training to prevent and reduce storm water pollution from activities
such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance.
BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of tile Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
BMP
Measurable Goals
a. Inventory of municipally
The pertnittee shall maintain, a current inventory of facilities and
owned or operated facilities
operations owned and operated by the permittee with the potential
for generating polluted stortmvater runoff. Also maintain a current
inventory of the MS4 system and municipally -owned structural
SCMs.
b. Inspection and Maintenance
The pennittee shall maintain and implement, evaluate annually
(1&M) for municipally owned
and update as necessaryan Inspection and Maintenance (I&M)
or operated facilities
program for municipal owned and operated facilities with the
potential for generating polluted stormwater runoff, The I&M
program shall specify the frequency of inspections and routine
maintenance requirements.
c. Spill Response Procedures
The permittee shall have written spill response procedures for
municipally owned or operated facilities.
d. Streets, roads, and public
The permittee shall evaluate existing and new BMPs annually that
parking lots maintenance
reduce polluted stormwater runoff from municipally -owned
streets, roads, and public parking lots within their corporate limits.
The permittee must evaluate the effectiveness of these BMPs
based on cost and the estimated quantity of pollutants removed.
e. Inspection and Maintenance
The permittee shall maintain and implement an I&M program for
(I&M) for municipally -owned
the stomnvater sewer system including, catch basins and
or maintained catch basins and
conveyance systems that it owns and maintains.
conveyance systems
f. Identify structural stormwater
The permittee shall maintain a current inventory of municipally -
controls
owned or operated structural stormwater controls installed for
compliance with the permittee's post -construction ordinance.
Part 11 Page 12 of 18
PEIRMIT NO. NCS000559
Qi,IP
Measurable Coals
g. E&M for municipally -owned or
The permittee shall maintain and implement an I&M program for
maintained structural
]nunlclpally-owned or maintained structural slormwater controls
stormwater controls
installed for compliance with the permittce's post -construction
ordinance.
The I&M program shall specify the frequency of inspections and
routine maintenance requirements.
The permittee shall inspect and maintain municipally -owned or
maintained structural slormwater controls in accordance with the
schedule developed by permittee. The permittee shall dOC[nnetlt
inspections and maintenance of all municipally -owned or
maintained structural storinwater controls.
h. Pesticide, Herbicide and
]'he permittee shall require that contractors are properly trained
Fertilizer Application
and all permits, certifications, and other nlcasures for applicators
Management.
are followed. The permittee shall ensure municipal employees, as
appropriate based on job classification, are trained and that
applicable permits and certifications are maintained, and 1611ow to
the MEP pleasures for applicators.
i. Staff training
The permittee shall implement an employee training program for
municipal employees involved in implementing pollution
prevention and good housekeeping practices.
j. Prevent or Minimize
The permittee shall describe and implement nlcasures to prevent
Contamination of Stormwater
or minimize contamination of the stormwater runoff from all areas
Runoff from all areas used for
used for vehicle and equipment cleaning.
Vehicle and Equipment
Cleanin g
Part 11 Page 13 of 19
PERMIT NO. NCS000559
SECTION H. TOTAL. MAXil1 UM DAILY LOADS (1°MDL,$)
Objective
a. The permittee shall determine whether the MS4 discharges to receiving; waters within a
TMDL watershed and identify the pollutant(s) of concern (POC). For all TMDLs with a
NPDES MS4 regulated WLA assigned to the permittee, the permittee shall determine
whether the POC have potential to occur in MS4 stormwater discharges.
b. The permittee will utilize BMPs within the six minimum measures to address the
permittee's assigned NPDES MS4 regulated stormtvater waste load allocation (WLA)
identified in the approved TMDL to the maximum extent practicable and to the extent
authorized by law,
C. It subject to an approved TMDL with a, NPDES MS4 regulated WLA assigned to the
permittee, the permittee will be considered in compliance with the TMDL if the permittee
complies with the conditions of this permit, including developing and implementing
appropriate BMPs within the six minimum measures to address the permittec's MS4s
NPDES regulated WLA to the maximum extent practicable (MEP). While improved
water duality is the expected outcome, the permittee's obligation is to implement BMP's
designed to address the NPDES regulated waste load allocation assigned to the permittee
to the maximum extent practicable (MEP). The permittee is not responsible for attaining
water quality standards (WQS). The Division expects attaining; WQS will only be
achieved through reduction from all point and nonpoirtt source contributors identified in
the approved TMDL.
2, TMDL Plans
a, If the perrrtittee has an existing TMDL Plan designed to address the NPDES MS4
regulated WLA assigned to the permittee, that includes monitoring to evaluate progress,
and which addresses the POC through the six minimum control measures; it satisfies the
objectives of this Section 1-1.
b. The permittee may comply with a Department approved management strategy to address
an impairment or TMDL. such as a Nutrient Management Strategy, to satisfy the
objectives of this Section FI.
C. the permittee may develop and submit, within 24 months, to the Department for
approval of an alternative approach, such as an Jrntegrated Report - Category 4(b)
watershed plan, to satisfy the objcctives of this Section H.
d. For new TMDLs that are not addressed by 1-1.2. a. b, or c above, a "TMDL Plan shall be
developed according to 1-1.3 below, and submitted to the Division. Time periods shown
arc from the later of the effective date of this permit or the TMDL as approved by EPA,
Part 11 Page 14 of 18
1'1_.RMl'r NO. NCS000559
Best Man:tp-etnent Practices (Bi11Ps):
BIN]P
Measurable Goals
a. Identify, describe and
Within 12 months the pcnnittee slrall prepare a plan that:
map watershed,
• identifies the waterslied(s) subject to an approved TMDL with an
outfalls, and streams
approved Waste Load Allocation (WLAs) assigned to the perrittee;
and
• Includes a description of the watershcd(s); and
• Includes a map of watershed(s) showing streams c& oulf rlls
• Identifies the locations of currently known major outfalls within its
corporate limits with the potential ot'contributing to the cause(S) of the
impairment to the impaired segments, to their tributaries, and to
segments and tributaries within the watershed contributin', to the
impaired segments; and
• Includes a schedule (not to exceed G months) to discover and locate
other unknown major outfalls within its corporate limits that may be
contributing to the cause of the impairment to the impaired stream
segments, to their tributaries, and to segments and tributaries within the
watershed contributing to the impaired segments.
b. Evaluate existing
Within 12 months the Permittee's plan:
measures
• Shall describe existing measures currently being implemented by the
Permittee designed to achieve the MS4's NPDES WLA and to reduce
the'TMDL pollutant of concern to the MEP within the watershed to
which the TMDL. applies; and
• Provide an explanation as to how those measures are designed to reduce
the "TMDL pollutant of concern.
• The Permittee shall continue to implement the existing mcasures Lentil
notified by the Division.
c. Assessment of
Within 24 months the permittee's plan shall include art assessment of
available monitoring
available monitoring data. Where long-term data is available, this
data
assessment should include an analysis of the data to show trends.
d. Monitoring; Plan
Within 24 months the permittee shall develop a Monitoring Plan for the
permittec's assigned NPD17S regulated WLA as specified in the TMDL.
The permittcc slrall maintain and implement the Monitoring Plan as
additional outfalls are identified and as accumulating data may suggest.
Following any review and comment by the Division the perznittec shall
incorporate any necessary changes to monitoring plan and initiate the plan
within ( months, Modifications to the monitoring plan shall be approved by
the Division. Upon request, the requirement to develop a Monitoring Plan
may be waived by the Division if the existing and proposed measures are
determined to be adequate to achieve the MS4's NPDCS WLA to MEP
within the watershed to which the TMDL applies.
Part I Page 15 of 18
PFRMIT NO. NCS000559
BMP
Measurable Goals
c. Additional Measures
Within 24 months the pennittee's plan shall:
• Describe additional measures to be implemented by the pennittee
designed to achieve the permittee's MS4's NPDES WLA and to
reduce the TMDL. pollutant of concern to the MEP within the
watershed to which the TMDL applies', and
• Provide an explanation as to how those measures are designed to
achieve the penuittee's MS4's NPDES regulated WLA to the MEN
within the watershed to which the TMDL applies.
f. Implementation Plan
Within 48 months the permittee's plan shall:
• Describe the pleasures to be implemented within the remainder of
the permit term designed to achieve the MS4's NPDES WLA and
to reduce the TMDL pollutant of concern to the MEP; and
• Identify a schedule, subject to Division approval, for completing the
activities.
g. Incremental Success
The permittee's plan must outline ways to track progress and report
successes designed to achieve the MS4's NPDES regulated WLA and to
reduce the TMDL pollutant of concern to MEP within the watershed to
which the TMDL applies.
h. Reporting
The permittee shall conduct and submit to the Division an annual
assessment of the program designed to achieve the MS4's NPDES WLA
and to reduce the TMDL pollutant of concern to the MEP within the
watershed to which the TMDL applies. Any monitoring data and
information generated from the previous year are to be submitted with each
annual report.
4. if no NIS4 NPDES regulated waste load allocation (WLA) is specified in the TMDL
At any time during the effective dates of this permit, if a TMDL has bccn approved that does not
assign a WLA for the pollutant ofconccrn to the municipal stonriwatcr system, if there was no
waste load allocation specified for the POC in the TMDI- assigned to the municipal stonmvater
system, in lieu of developing a plan within this permit section, within 24 montlis the Perrnittee
shall evaluate strategies and tailor BMP's within the scope of the six minimum permit measures
to address the POC in the watershed(s) to which the TMDI. applies, to the MEP and to the extent
allowed by law.
5. Information regarding North Carolina TMIDLs
Information regarding North Carolina TMI7Ls is available at:
htlps:,'Idcq.nc.gov/about/divisionslwater-resources/ )lanningfmodeling-assessment
Part 11 Page 16 of 18
PERM IT NO, NCS000559
SECTION I: E1,Ec,rRONiC REPORTING OF REPORTS EGcneral Statute 143-215.1(b)I
1. The final NPDES Electronic Reporting Rule was adopted and became effective oil December 21,
2015. These federal regulations require electronic submittal of'all MS4 program reports by no
later than December 21, 2020, and specify that, if a state does not establish a system to receive
such submittals, then perrnittees must submit monitoring data and reports electronically to the
U.S. Environmental Protection Agency (EPA).
This special condition supplements or supersedes the following sections within Part IV of this
permit (Rcporlinq and Record Keej)iug Requirements):
Paragraph A. Records
Paragraph B. Annual Reporting
Paragraph G. Report Submittals
Starting on December 21, 2020, the perrnittee shall electronically report the Rrlluwing compliance
monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part Ill
2., Program Assessment annual report)
The perrnittee may seek an electronic reporting waiver frorn the Division (see "Flow to Request a
Waiver from Electronic Reporting" section below).
4. Electronic Submissions [Stipp lements Part IV]
In accordance with 40 CFR 122.41(I)(9), the perrnittee must identify the initial recipient at the
time of each electronic submission. The perrnittee should use EPA's website resources to identify
the initial recipient for electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial
recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement
the NPI)ES program) that is the designated entity for receiving electronic NPDES data [sec 40
CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial
recipient for electronic MS4 Program Reports.
CPA plans to establish a wcbsitc that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting
Rule information is found at: litills://www.ei)a. =ova, Icompliancelfinal-national-polltrtant-
_stcm-nmetes-e l ectron i c-repo rt in g-rule
dischart,c,-elimittatron-sy, _
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above. The permittec must electronically submit MS4 annual program reports no later than
October') I" following the completed reporting; period, The permittec must sign and certify all
electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this
permit.
Part II Page 17 of 19
PERMIT NO. NCS000559
How to Request a Waiver front Electronic Reporting;
The permitlee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting; waiver, a pennittee n'ust first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring;
data and reports shall be submitted electronically to the Division unless the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring; data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
lit(p://deq,ne.gov/abotit!dii,isioiis/watei--i,e-,ources/ediiir
6. Records Retention I Supplements Part IV]
The permittee shall retain records of all Program Assessment annual reports, including electronic
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122,41].
Part l I Page 18 of 18
PERMIT NO. NCSOOOS59
PART III PROGRAM ASSESSMENT
A. Implementation of the Stormwater Plan will include documentation of ali program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. Documentation will be kept on -file by the permittee fora period of five years and
made available to the Director or his authorized representativc upon request.
B. The permittee shall review and update its Stoinnwater Plan will be reviewed and updated as
necessary, but at ]cast on an annual basis, to identify modifications and improvements needed to
maximize Stormwater Plan effectiveness to the maximum extent practicable. The permittee shall
develop and implement a plan and schedule to address the identified modifications and
improvements.
C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the plan, approve a plan with modifications, or reject the proposed
plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph G
(3) to the Director that the changes have been made. Nothing in this paragraph shall be construed
to limit the Director's ability to conduct enforcement actions for violations of this permit.
D. The Division may request that the permiuec provide the Division with additional reporting
information as necessary to evaluate the progress and results of the permiltce's Stormwater Plan.
Part 111 Page i of I
PERMIT NO. NCS000559
PARTIV REPORTING AND RECORD KEEPING REQUIRENIEN,rS
A. Records
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records and copies of all reports required by this permit, for a period of at least 5
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director.
B. Annual Reporting
The permmittee must submit annual reports to the Department by October 31 st of each
calendar year and cover the previous fiscal year's activities from July 1" to June 30"' of
the permittee's fiscal year. Annual reports that include appropriate information to
accurately describe the progress, status, and results of the pernmittee's Stormwater Plan
and will include, but is not limited to, the following components:
a. The permittee will give a detailed description of the status of irnpJcnmcntatiorm of
the Stormwater Plan. This will include information on development and
implementation of each major component of the Stormwater Plan for the past
year and schedules and plans for the year following each report.
b. The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stonnwater Plan
(results, effectiveness, implementation schedule, etc.).
C. The permittee will document any necessary changes to programs or practices for
assessment of nmanagenment measures implemented through the Stormwater Plan.
d. The permmittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates.
C. The annual report shall include an assessment of compliance with the permit,
information on the establishment of appropriate legal authorities, inspections, and
enforcement actions.
F. Discussion of program funding.
Reports submitted to satisfy other State Stormwater Reporting requirenments satisfy the
annual reporting requirements of this permit to time extent that the reports satisfy Part IV.
B. I above and Part 11 Section I, Clectronic Reporting of this permit.
Completion and submittal of the reporting information contained within the online RIMS
Stormwater Management Program Assessment (SMPA) satisfy Part IV. B.I above and
Part II Section I, Electronic Reporting of this permit through 2020.
Posting the results on the permittee website of the assessment process as established by
the Stormwater Association of North Carolina (SWANC), NC APWA and their partners
as conducted by another local goverment, a third party, or a self -assessment, satisfy Part
IV.B.I above.
Part 1V Page I of 3
Pl-RM1T NO. NCS000559
C. Twenty-four Hoar Reporting
The permittee shall report to the Division any noncompliance that may constitute an imminent
threat to health or the cm irontrient. Any information shall be provided orally within 24 hours
from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes, the period of
noncompliance and if the noncompliance has not been corrected, the anticipated time compliance
is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
D. Additional Reporting
In order to properly characterize the permittee's MS4 discharges or to assess compliance with this
permit, the Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
E. Other information
Where the permittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information.
F. Planned Changes
The permittee shall notify the Director of any planned modifications to the Stormwater Plan.
Notice shall be given as soon as possible when deleting a provision of the approved Stormwater
Plan, or where the modification could significantly change the timefi-ame for implementation of
parts of the progrram or negatively influence the effectiveness of the approved program. Notice of
any changes is required at least through the annual report.
G. Report Submittals
All reports required herein, not submitted electronically shall be submitted to the
following address:
Department of Environmental Quality
DI -'-MLR — Stormwater Program
512 N. Salisbury Strect
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
2. All applications, reports, or information., other than those submitted electronically, shall
be signed by a principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
The authorization is made in writing by a principal executive officer or ranking
elected official:
Part 1V Page 2 of 3
PERMIT NO. NCS000559
b. The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for cnvironniental/stornnvater
matters; and
C. The written authorization is submitted to the Director.
Any person signing a document under paragraphs (a) or (b) ofthis section shall make the
following; certification:
"I certify, tinder penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly bather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of illy
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
Part IV Page 3 of 3
PERMIT NO. NCS000559
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
Duty to Comply
The perm iIlee shall comply with .ilI conch(Ions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; fear permit
termination, revocation and reissuanee, or modification; or denial of permit coverage upon
renewal application.
The permittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requireincnt.
b. 'The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the inaximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$37,300 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of S2,500 to $25,000 per day of violation, or
imprisonment flor not. more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of S5,000 to S50.000 per day oh
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
S16.000 per violation with the maximum amount not to exceed $177,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.4 ] (a).]
Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. jRef`. North Carolina
General Statutes 143-215.6Aj
Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308. 318 or 405 of this Act, orally permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class
violations are not to exceed the maximum arnounts authorized by Section 309(g)(2)(A) ill'
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. �3701 note) (currently
SI 1,000 per violation, with the maximum amount of any Class 1 penalty assessed not to
exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act
and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.G. §2461 note) as
amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
S 1 1,000 per day for each day during which the violation Continues, with the maximum
amount of any Class I I penalty not to exceed S 137,500),
Part V Page i of 4
PERMIT NO. NCS000559
2. Duty to Mitigate
The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties Ibr noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal. Act, 33 USC 1 319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, the or penalties to which permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 31 1 of the Federal Act, 33 USC 1321.
Furthermore, the permittce is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended,
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provisioa of this permit to any circumstances, is held invalid. the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tarnpering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this pen -nit shall,
upon conviction, be punished by a fine of not.tnore than 510,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 4
PERMIT NO. NCS000559
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained ►alder this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 pet -
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
11. Duty to Reapply
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit a
permit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any discharge that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration, will be subject to enforcement procedures as
provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a
review of the Stornnvater Program development and implementation over the life of this permit,
the status of programs and a description of further program development to be implemented over
the future permitting time period.
SECTION B: OPERATION AND NIAiNTH NANCE of POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control {and related appurtenances} which are owned and/or operated by the
pertrtittec to achieve compliance with the conditions of this perniit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures, when necessary. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is necessary
to achieve cuenpliance with the conditions of the permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance Nvith the
condition of this permit,
Part V Page 3 of 4
PI-RM IT NO, NCS000559
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORT'S
1. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
Enter upon the permittee's premises where a regulated facility' or activity is located or
conducted, or where records shall be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the permittee regulated or required under this
permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location under the control of the permittee,
2. Availability of Reports
Except for data determined to be confidential under NCGS 143-2153(a)(2) or Section 308 of the
Federal Act, 33 USC 1319, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of E-nergy, Mineral, and Land
Resources. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the
Federal Act.
Part V Page 4 of 4
PI3RMIT NO. NCS000559
PART VI LIMITATIONS REOPENER
'ihe issuance of this permit does not prollibit the Director from reopening and modifying the hermit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143-215.1 et. al.
PART VII ADMINISTERING AND COMPLIANCE ]MONITORING FEE REQU1REINTENTS
The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC
02H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VI & VII Page I of 1
PC_.RMIT NO. NCS000559
PART Vlll DEFINITIONS
Act
See Clean Water .Act.
2. Best Manwwment Practice (13MP)
Measures or practices used to reduce the amount ofpollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning. See also Non-structural BXIP and SCM.
3. Built -upon Area
"Built -upon area" or "BUA" has the same meaning as in General Statute 143-214.7., that is
effective on the date that a project is received by the permittce for post -construction site runoff
controls review.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended. 33 USC 1251, et. seq.
5. Common Plan of Development
"Common plan of development" mcans a site ",here multiple separate and distinct development
activities may be taking place at different times on different schedules but governed by a single
development plan regardless ofownership of the parcels. Information that may be used to
determine a "common plan of development" include plats, blueprints, marketing plans, contracts,
building pcnnits, public notices or hearings, zoning requests, and infrastructure development
plans.
6. Department (NCDEQ)
Department mcans the North Carolina Department of Environmental Quality.
7. Division (DEMLR)
The Division ol' Encrgy, Mineral, and Land Resources, Department of Environmental Quality,
8. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
9. EMC
The North Carolina Environmental Management Commission.
Part Vill Page 1 of 6
PERM NO_ NCS000559
10, Illicit Discliarge
Any discharge to a MS4 that is not composed entirely ofstorntwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit), allowable non-stortnwater discharges,
and discharges resulting from fire -fighting activities.
1 1 . Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122,26.
12. Large or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
(a) Located in an incorporated place with a population of 100,000 or more as determined by
the Decennial Census by the Bureau of Census; or
(b) Located in the counties with unincorporated urbanized populations of' 100,000 or more,
except municipal separate storm sewers located in the incorporated places, townships or
towns within such counties; or
(c) Owned or operated by a municipality other than those described in paragraph (a) or (b)
and that are designated by the Director as part of (lie large or medium separate storm
sewer system.
13. Major municipal separate storm sewer outiall (or "major outfall")
Major municipal separate stoma sewer outfall (or "major outiall") means a municipal separate
storm sewer oull'all that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more).
14. MEP
MEP is defined in the Federal Register-(U.S. EPA, 1999, p. 68754). This document says
that "Compliance with the conditions of the general permit and the series of steps
associated with identification and implementation of the minimum control measures will
satisfy the MEP standard." Minimum control measures are defined in the Federal
Regisler as (1) public education and outreach, (2) public pailicipation/involvement, (3)
illicit discharge detection and elimination, (4) construction site runoff control, (5) post -
construction runoff control, and (6) pollution prevention/good housekeeping.
15. Minimum Design Criteria (Iy1DC)
"Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H
.1050 through 15A NCAC 021-1 .1062 for siting, site preparation, design and construction, and
post -construction monitoring and evaluation necessary for the Department to issue stormwater
Part VII I Page 2 of 6
PI'RMIT NO. NCS000559
permits that comply with State water quality standards adopted pursuant to General Statute 143-
214.1,
16. Municipal Separate Storm Sewer System (,%4S4)
Pursuanl to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association.
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under Section 208 of the Clean Water Act
(CWA) that discharges to waters of the United States or waters of the State.
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part ofa Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
17. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittce shall address if it
identifies them as significant contributors of pollutants to the storm sewer system: waterline
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], Uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, Cooling drains, lawn
watering, individual residential car washing, charity car washing, flows from riparian habitats and
wetlands, dechlorinated swimtning pool discharges, and street wash water (discharges or flows
from firefighting activities are excluded from the definition of illicit discharge and only need to
be addressed where they are identified as significant sources of pollutants to waters of the United
States).
18. Non-structural i3MP
Non -Structural 13MPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
quality impacts; (4) other measures such as minimizing; the. percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
Part Vill Page 3 of 6
PERMIT NO. NCS000559
control measures ofien thought of as good housekeeping:, preventive maintenance and spill
prevention.
19. Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Storm ater
Any discernible, confined and discrete conveyance including;, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which storinwater is or may be
discharged to waters of the state.
22. Redevelopment
"Redevelopment" means any land -disturbing activity that does not result in a net increase in
built -upon area and that provides greater or equal stormwater control than the previous
development.
23. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again ,vithin the
next 10 hours.
24. Sensitive Waters
"Sensitive Waters" has the saute meaning as in 15A NCAC 0211 .0150(6). Sensitive
waters include: waters classified as HQW, ORW, SA, Tr, or NSW, waters occupied or
designated as critical habitat for aquatic animal species listed as federal threatened or
endangered, or impaired waters.
25. Six Minimum Measures. or Six Minimum Control Measures
As defined in 40 CFR §I22.34(b). They are Public Education and Outreach, Public
Involvement/Participation, Illicit Discharge Detection and Elimination, Construction Site
Runoff Controls, Post -Construction Runoff Controls, and Pollution Prevention and Good
Housekeeping for Municipal Operations.
26. Splash -pad (spray ground
Part Vlll Page 4 of 6
PERMIT NO. NCS000559
An outdoor play area with sprinklers, fountains, nozzles, and other devices or structures that
spray water.
27. Storm Sewer Systcm
Is a conveyance or system of conveyances which arc designed or used to collect or convey
stormwater runoff that is not part of a comhined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, Hain -made channels or
storm drains that convey stormwater runoff.
28. Stormwater Associated with Industrial Activity
The discharge from any point source ,which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to he engaged in "industrial activities" include those
activities defined in 40 CFR I22.26(b)(l4), The term does not include discharges from facilities
or activities excluded from the NPD> S program.
29. Stommiter Control Measures (SCM)
As defined in 15A NCAC 02H .1002, also known as Best Management Practice (BMP), a
permanent structural device that is designed, constructed and maintained to remove pollutants
I rom stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle
by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater or a
combination thereof.
30. Stormwater Management. Prograrl7 (SIA7MP)
The term Stormwater Management Program (SWMP) refers to the stormwater management
program that is required by the Phase I and Phase 11 regulations to be developed by MS4
permiuees.
31, Stormwater Plan
The Stormwater Plan is the written plan that is used to describe the various control measures
and activities the permittee will undertake to implement the stormwater management
program. The Stormwater Plan is a consolidation of the permittec's relevant ordinances or
other regulatory requirements, the description of all programs and procedures (including
standard forms to be used for reports and inspections) that will be implemented and enforced
to comply with the permit and to document the selection, design, and installation of all
stormwater control measures.
32, Stormwater Runoff
Thu flow of water which results from precipitation and which occurs immediately following
rainfall or snowmelt.
Part Vill Page 5 of 6
PERM IT NO. NCS000559
33. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and
still meet water quality standards, and an allocation of that amount to the pollutant's sources. A
TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL, programs.
Part VIII Page 6 of 6
North Carolina
Beverly Eaves Perdue
Governor
Town of Clayton
M:
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NCDENR
Department of Environment and Natural Resources
R Steven Biggs, Town Manager
P.O. Box 879
Clayton, North Carolina 27528
Division of Water Quality
.Charles Wakild, P. B,
Director
November 19, 2012
Subject: NPDES Permit Number NCS000559
Dear Mr. Biggs:
Dee Freeman
Secretary
)
NOV Z 6 2012 !
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i NC 0ENR
Raleigh Regional 000
In accordance with your application for a stormwater discharge permit received on January 30,
2012, we are forwarding herewith the subject state - NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum
of Agreement between North Carolina and the US Environmental Protection agency dated May 9,
1994 (or as subsequently amended).
If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this letter. This request
must be in the form of a written petition, conforming to Chapter I SOB of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be
Final and binding.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Environmental Management or permits required by the Division of Land
Resources, Coastal Area Management Act or any other State, Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919-807-6374 or mike.randall@ncdenr.gov.
Sincerely,
for Charles Waki d,
cc: Mike Mitchell, EPA Region IV
Stormwater and General Permit Unit Files
DWQ Raleigh Regional Office
We;.@As a;:J Stcmiwal-:j Branch
1rr17'.1?+I C ivir,a Cen'E;, K81dir.11 h10111 C,iinlinFi 27e99 617
X 16on 51)11 4.'s2Ury 31 Raleigh. P;jrth ?ro1in;:'tJ1''0:
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No1-thCarolina
•
•
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000559
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Clayton
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Clayton's jurisdictional area
to receiving waters of the State, Big Arm Creek, Little Creek, Marks Creek, and Neuse River, within the
Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, IV, V, VI, VII and V111 hereof.
This permit shall become effective December 1, 2012
This permit and the authorization to discharge shall expire at midnight on November 30, 2017.
Signed this day, November 15, 2012.
for Charles Wakild, P. E.,, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
0 0
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. R. Steven Biggs, Town Manager
Town of Clayton
Post Office Box 879
Clayton, North Carolina 27520
Dear Mr. Biggs:
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
March 15, 2010
Subject: NPDES Permit Issuance
Little Creek Water Reclamation Facility
Permit No. NCO025453
Johnston County
In accordance with the application for discharge permit received and after considering comments
received at the September 2009 public hearing, the Division is forwarding herewith the subject NPDES permit.
This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
The Division held the public hearing to take comments on the draft permits for Clayton -Little Creek
Water Reclamation Facility (NC0025453), DuPont -Kinston (NC0003760), and Johnston County (NC0030716).
The central issue at the hearing was the upstream transfer of nitrogen allocations from UNIFI/ DuPont to
Clayton and Johnston County.
Comments relevant to the Division's water quality programs, but not directly related to the permits,
were also received. The hearing officers have worked diligently to ensure that these issues are addressed
appropriately, and we regret the delay in taking final action on these permits. The hearing officers recently
submitted their findings and recommendations to the Director for final action, and the Director has concurred
with their report. The following recommendations apply to Clayton's permit and have been incorporated:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Rhone: 919-807-63001 FAX: 919-807.6492 l Customer Service: 1-877-623-6748
nlernet: www.ncwaterquality,org
An Equal Opportunity 1 Affirmative Anon Employer
t --- y
MAR 2 9 28M ..1
One
NorthCarolina
;Vatitrally
• The Total Nitrogen limits in the three permits are modified as proposed to implement nitrogen
transfers among the dischargers. The new limits are effective for calendar year 2010, also as proposed.
The final permit authorizes the Town of Clayton to discharge treated municipal wastewater from the
Little Creek Water Reclamation Facility to the Neuse River, a class WS-IV NSW CA water in the Neuse River
Basin. The permit includes discharge limitations or monitoring for flow, total suspended solids (TSS), BOD5,
ammonia nitrogen, dissolved oxygen, total residual chlorine, fecal coliform, total nitrogen, total phosphorus,
copper, zinc, and chronic toxicity.
The following procedure has been implemented by DWQ: Total residual chlorine (TRC) compliance
level changed to 50 ug/L Effective March 1, 2008, the Division received EPA approval to allow a 50ug/L TRC
compliance level. This change is due to analytical difficulties with TRC measurements. Facilities will still be
required to report actual results on their monthly discharge monitoring report (DMR) submittals, but for
compliance purposes, all TRC values below 50 ug/L will be treated as zero. Additional language regarding
this change has been added to footnote 4. on the effluent limitations page.
The following modifications in the August 12, 2009 draft permit remain in the final permit.
The total nitrogen discharge limit increased to 22,832 lb/year, reflecting the transfer of 3,290
lb/year of discharge allocation from DuPont — Kinston (formerly UNIFI). At the request of
the Town of Clayton,1,432 lb/year of the discharge allocation was added to the current
21,4001/year load (totaling 22,832 lb/year), The remaining 1,858 lb/year will be placed in
reserve in the Town's permit. The change in the TN limit would become effective on
January 1, 2010, that is, at the beginning of the upcoming calendar year. Please note
Condition A. (4). Total Nitrogen Allocations in the permit for clarification.
■ Monthly monitoring for silver has been removed from the permit. Based on the results of a
reasonable potential analysis, it was determined that there was no reasonable potential for
the discharge to exceed the water quality action level standard instream.
There are language changes in Condition A. (5). Chronic Toxicity Permit Limit. There are
some minor additions on DWQ forms to be submitted and clarification on reporting
pollutant data on the discharge monitoring report and AT forms.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings,
6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit
shall be final and binding.
Please take notice that this permit is not transferable. The Division may require modification revocation
and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which
may be required by the Division of Water Quality or permits required by the Division of Land Resources,
Coastal Area Management Act, or any other Federal or Local governmental permits may be required.
M
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If you have any questions or need additional information, please contact Jacquelyn Nowell at telephone
number (919) 807-6386.
Sinc y,
o een I -I. Sullin
Enclosure: Final permit, NC0025453
cc: Mr. James Warren, Town of Clayton (via email)
Mr. Haywood Phthisic, Executive Officer, NRCA (via email)
Raleigh Regional Office/Surface Water Protection Section (via email)
EPA Region IV (via email)
PERCS/Attu: Monti Hassan (via email)
Aquatic Toxicity Unit (via email)
NPDES File/NC0025453
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Permit No..NC0025453
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Water Quality Commission, and the
Federal Water Pollution Control Act, as amended,
Town of Clayton
Little Creek Water Reclamation Facility
is hereby authorized to discharge municipal wastewater from a facility located at
Little Creek Water Reclamation Facility
On Durham Street Extension
Clayton
Johnston County
to receiving waters designated as the Neuse River in the Neuse River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth
in Parts 1. II, III, and IV hereof.
This permit shall become effective ................ April 1, 2010.
"Phis permit and the authorization to discharge shall expire at midnight on ............... March 31, 2013.
Signed this day ............................................ March 15, 2010.
L
Coleen 1-1. Sullins, rector
Division of Water Quality
By the Authority of the Environmental Management Commission
Clavton W\VTP
NPDFS No. NC0025,15;
1
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SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance. any previously issued permit bearing this number is no
longer effective. Therefore. the exclusive authority to operate and discharge from this facility
arises under the permit conditions, requirements, terms, and provisions included herein.
Town of Clayton
Little Creek Water Reclamation Facility
is hereby authorized to:
1. Continue to operate 2.5 MGD wastewater treatment facility consisting of:
• mechanical screening and grit removal system,
■ influent pump station,
■ a 214,500 gallon anaerobic basin.
■ a 300.000 gallon anoxic tank,
■ oxidation basin No. 2,
■ a 200,000 gallon anoxic tank
• oxidation basin No. 1,
■ three (3) secondary clarifiers,
■ two tertiary filters,
■ ultraviolet disinfection with back-up chlorination/dechlorination,
■ one 90,000 gallon aerated digester/sludge stabilization tank,
■ one 360,000 gallon sludge holding tank.
■ sludge loading station,
• sludge thickening building with rotary drum thickener
■ non -potable water system using reclaimed treated wastewater
■ reclaimed water pump station
Facility is located at the Little Creek Water Reclamation Facility, Durham Street
Extension, Clayton, Johnston County, and
2. Discharge wastewater from said treatment works at the location specified on the
attached map into the Neuse River, which is classified WSAV NSW CA waters, in
Neuse River Basin.
Town of Clayton
NPDES No. NCO025453
2
�J
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning on the effective date of the permit and lasting until expiration, the
Perrnittee is authorized to discharge up to 2.5 MGD of municipal wastewater from outfall 001.
Such. discharges shall be limited and monitored by the Permittee asspecified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample
Locations
Flow
2.5 MGD
Continuous
RecordingInfluent
or
Effluent
BOD, 5 day (202C)2
[April 1 —October 31]
5.0 mglL
7.5 mglL
Daily
Composite
influent &
Effluent
BOD, 5 day (202C)2
[November 1 — March 31]
10.0 mg1L
15.0 mg/L
Daily
Composite
Influent &
Effluent
Total Suspended Solids2
30.0 mglL
45.0 mg1L
Daily
Composite
Influent &
Effluent
NH3 as N [April 1 — October 31 ]
1.0 mglL
3.0 mglL
Daily
Composite
Effluent
NH3 as N [Nov 1 — March 311
2.0 mg1L
6.0 mg1L
Daily
Composite
Effluent
Dissolved Oxygen3
Daily
Grab
Effluent
Dissolved Oxygen
3/Week
Grab
Upstream &
Downstream
Fecal Coliform (geometric mean)
200/100 ml
400/100 ml
Daily
Grab
Effluent
Fecal Coliform (geometric mean)
3Meek
Grab
Upstream &
Downstream
Total Residual Chlorine4
28 pxA
Daily
Grab
Effluent
TKN (mg1L)
Monitor & Report
Weekly
Composite
Effluent
NO2-N + NO3-N (mglL)
Monitor & Report
Weekly
Composite
Effluent
TN (mglL)5
Monitor & Report
Weekly
Composite
Effluent
Total Monthly Flow (MG)
Monitor & Report
Monthly
Calculated
Effluent
TN Load6
Monitor & Report
22,832lb1yr (effective 1/1/2010)
Monthly
Annually
Calculated
Calculated
Effluent
Effluent
Total Phosphorus 8
2.0 mg/L (Quarterly Average)
Weekly
Composite
Etiluent
Temperature (4C)
Daily
Grab
Effluent
Temperature (°C)
3/Week
Grab
Upstream &
Downstream
Conductivity
Daily
Grab
Effluent
Conductivity
3/Week
Grab
Upstream &
Dowrstream
Chronic Toxicity9
Quarterly
Composite
Effluent
Total Copper
Monthly
Composite
Effluent
Total Zinc
Monthly
Camposite
Effluent
pH10
Daily
Grab
Efflueni
(Footnotes on next page)
'l,own of Clavton
NPDES No. NCO025453
3
0
0
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
(Continued)
Footnotes:
Sample locations: E - Effluent, I - Influent. U - Upstream at NCSR 1700, D - Downstream at
(1) NC Highway 42 and (2) NCSR 1908. Stream samples shall be grab samples and shall be
collected 3/Week during June - September and 1 /Week during the remaining months of the
year. Instream monitoring is provisionally waived in light of the permittee's
participation in the Lower Neuse Basin Association. Instream monitoring shall be
conducted as stated in this permit should the perm ittee end its participation in the
Association.
Per 15A NCAC 213 .0505(c)(4), stream sampling (as well as influent/effluent sampling) may be
discontinued when flow conditions could result in injury or death of the person(s) collecting
the samples. In such cases, on each day that sampling is discontinued, written justification
shall be specified in the monitoring report for the month in which the event occurred.
2. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not
exceed 15% of the respective influent value (85% removal).
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
4. Total residual chlorine is required only if chlorine is used as a disinfectant for elsewhere in
the process). The Division shall consider all effluent total residual chlorine values reported
below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to
record and submit all values reported by a North Carolina certified laboratory (including field
certified), even if these values fall below 50 Ag/L.
5. For a given wastewater sample, TN = TKN + NO2-N + NO3-N, where TN is Total Nitrogen, TKN
is Total Kjeldahl Nitrogen and NO2-N and NO3-N are Nitrate and Nitrite Nitrogen.
respectively.
6. TN Load is the mass load of TN discharged by the Permittee in a period of time. See Special
Condition A. (2.), Calculation of TN Loads.
7. Compliance with these limits shall be determined in accordance with Special Condition A.
(3.), Annual Limits for Total Nitrogen.
8. The quarterly average for total phosphorus shall be the average of composite samples
collected weekly during the calendar quarter (January -March, April -June, July -September,
October -December).
9. Chronic Toxicity (Ceriodaphnia dubia) P/F at 2.0 %: March, June, September, and December
[see Special Condition A.(5)]. Toxicity monitoring shall coincide with metals monitoring.
10. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and
shall be monitored daily at the effluent by grab sample.
There shah be no discharge of floating solids or visible foam in other than trace amounts.
Town of Clavton
NPDES No. NCO025453
4
A. (2.) CALCULATION OF TOTAL NITROGEN LOADS
a. The Permittee shall calculate monthly and annual TN Loads as follows:
i. Monthly TN Load (lb/mo) = TN x TMF x 8.34
where:
TN = the average Total Nitrogen concentration (mg/L) of the
composite samples collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month (MG/mo)
8.34 = conversion factor, from (mg/L x MG) to pounds
H. Annual TN Load (Ib/yr) = Sum of the 12 Monthly TN Loads for the calendar year
b. The Permittee shall report monthly Total Nitrogen results (mg/L and lb/mo) in the discharge
monitoring report for that month and shall report each year's annual results (lb/yr) in the
December report for that year.
A. (3.) ANNUAL LIMITS FOR TOTAL NITROGEN
a. Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River
basin are annual limits and are applied for the calendar year.
b. For any given calendar year, the Permittee shall be in compliance with the annual TN Load
limit in this Permit if:
i. the Permittee's annual TN Load is less than or equal to said limit, or,
ii. the Permittee is a Co-Permittee Member of a compliance association.
c. The TN Load limit in this Permit (if any) may be modified as the result of allowable changes
in the Permittee's TN allocation.
i. Allowable changes include those resulting from purchase of TN allocation from the
Wetlands Restoration Fund: purchase, sale, trade, or lease of allocation between the
Permittee and other dischargers: regionalization; and other transactions approved by
the Division.
ii. The Permittee may request a modification of the TN Load limit in this Permit to reflect
allowable changes in its TN allocation. Upon receipt of timely and proper application,
the Division will modify the permit as appropriate and in accordance with state and
federal program requirements.
iii. Changes in TN limits become effective on January 1 of the year following permit
modification. The Division must receive application no later than August 31 for changes
proposed for the following calendar year.
iv. Application shall be sent to:
NCDWQ / NPDES Unit
Attn: Neuse River Basin Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
Town of Clayton
NPDES No. NCO025453
5
If the Permittee is a member and co-permittee of an approved compliance association, its
TN discharge during that year is governed by that association's group NPDES permit and
the TN limits therein.
i. The Permittee shall be considered a Co-Permittee Member for any given calendar year in
which it is identified as such in Appendix A of the association's group NPDES permit.
ii. Association roster(s) and members' TN allocations will be updated annually and in
accordance with state and federal program requirements.
iii. If the Permittee intends to join or leave a compliance association, the Division must be
notified of the proposed action in accordance with the procedures defined in the
association's NPDES permit.
(1) Upon receipt of timely and proper notification, the Division will modify the
permit as appropriate and in accordance with state and federal program
requirements.
(2) Membership changes in a compliance association become effective on January 1
of the year following modification of the association's permit.
e. The IN monitoring and reporting requirements in this Permit remain in effect until
expiration of this Permit and are not affected by the Pennittee's membership in a
compliance association.
A. (4.) TOTAL NITROGEN ALLOCATIONS
a. The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or
transferred to the Permittee in accordance with the Neuse River nutrient management rule
(T15A NCAC 0213 .0234) and the status of each as of permit issuance. For compliance
purposes, this table does not supersede any TN limit(s) established elsewhere in this permit
or in the NPDES permit of a compliance association of which the Permittee is a Co-
Permittee Member.
ALLOCATION
ALLOCATION AMOUNT 11)
TYPE
DATE
STATUS
Estuary
Estuary (Ibtyr)
Discharge (Ibtyr)
Base
Assigned by Rule
1217197;
10,700
21,400
Active
(T15A NCAC 02B .0234)
4I1I03
Supplemental
Purchased from
715106
3,668
7,336
Reserve
South Granville WSA
(NC0026824)
Supplemental
Purchased from
8/30/2007
1,645
3,290
Mixed
UNIFI-Kinston
716
1,432
Active
(NC0003760)
929
1,858
Reserve
TOTAL
16,013
32,026
Mixed
11,416
22,832
Active
4,597
9,194
Reserve
Footnote:
(1) Transport Factor = 50%
b. Any addition, deletion, or modification of the listed allocations (other than typographical
errors) or any change in status of any of the listed allocations shall be considered a major
modification of this permit and shall be subject to the public review process afforded such
modifications under state and federal rules.
Town of Clayton
NPDES No. NCO025453
6
A. (5.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubfa at an effluent concentration of 2.0 %.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures
outlined in the "North Carolina Ceriodapluita Chronic Effluent Bioassay Procedure," Revised
February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent
Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. '1'he tests will be
performed during the months of March, June, September, and December. Effluent sampling for
this testing shall be performed at the NPDES permitted final effluent discharge below all
treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or
ChV below the permit limit, then multiple -concentration testing shall be performed at a
minimum, in each of the two following months as described in "North Carolina Phase II
Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions.
The chronic value for multiple concentration tests will be determined using the geometric mean
of the highest concentration having no detectable impairment of reproduction or survival and the
lowest concentration that does have a detectable impairment of reproduction or survival. The
definition of "detectable impairment," collection methods, exposure regimes, and further
statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity
Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed. if reporting
pass/fail results using the parameter code TGP3B, DWQ Form AT-1 (original) is sent to the
below address. If reporting Chronic Value results using the parameter code THP313, DWQ Form
AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be tiled with the Environmental Sciences Section no
later than 30 days after' the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements
and all concentration/response data, and be certified by laboratory supervisor and ORC or
approved designate signature. Total residual chlorine of the effluent toxicity sample must be
measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity
monitoring is required, the permittee will complete the information located at the top of the
aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county,
and the month/year of the report with the notation of "No Flow" in the comment area of the form.
'Elie report shall be submitted to the Environmental Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Water Quality indicate potential impacts to the receiving stream, this pennit may be
re -opened and modified to include alternate monitoring requirements or limits.
If the Permittee monitors any pollutant more frequently then required by this permit. the results
of such monitoring shall be included in the calculation & reporting of the data submitted on the
DMR & all Nl' Forms submitted.
Town of Clayton
NPDES No. NC0025453
7
0 o
NOTE: Failure to achieve test conditions as specified in the cited document. such as minimum
control organism survival, minimum control organism reproduction, and appropriate
environmental controls, shall constitute an invalid test and will require immediate follow-up
testing to be completed no later than the last day of the month following the month of the initial
monitoring.
A. (6.) EFFLUENT POLLUTANT SCAN
'[be per -ittee shall perform an annual pollutant scan of its treated effluent for the following
parameters:
Ammonia (as N)
Trans-1,2-dichloroethylene
His (2-chloroethyl) ether
Chlorine (total residual, TRC)
1, 1 -dichloroethylene
His (2-chloroisopropyl) ether
Dissolved oxygen
1,2-dichtoropropane
His (2-ethylhexyl) phthalate
Nitrate/Nitrite
1,3-dichloropropylene
4-bromophenyl phenyl ether
Total Kjeldahl nitrogen
Ethylbenzene
Butyl benzyl phthalate
Oil and grease
Methyl bromide
2-chloronaphthalene
Total Phosphorus
Methyl chloride
4-chloroplienyl phenyl ether
Total dissolved solids
Methylene chloride
Chrysene
1-lardness
1,1,2,2 tetrachloroethartc
Di-n-butyl phthalate
Antimony
Tetrachloroethylene
Di-n-octyl phthalate
Arsenic
Toluene
Dibenzo(a,h)anthracene
Beryllium
1. 1. 1 -trichloroethane
1,2-dlchlorobenzene
Cadmium
1,1,2-trichloroetliane
1,3-dichlorobenzene
Chromium
Triehloroe thylene
1,4-dichlorobenzene
Copper
Vinyl chloride
3,3-dichloroberizidine
Lead
Acid-extrnctable compounds;
Diethyl phthalate
Mercury
P-chloro-m-cresol
Dimethyl phthalate
Nickel
2-chlorophenol
2,4-dinitrotoluene
Selenium
2,4-dichlorophenol
2,6-dlnitrotoluene
silver
2,4-dimethylphenol
1, 2-diphe nylhydrazine
Thallium
4,6-dinitro-o-cresol
Fluoranthene
Zinc
2,4-dinitrophenol
Fluorene
Cyanide
2-nitrophenol
Hexachlorobenzene
Total phenolic compounds
4-nitrophenol
Hexachlorobutadiene
Volatile organic compounds:
Pentachlorophenol
Hexachlorocyclo-pentadiene
Acrolein
Phenol
Hexachloroethanc
Acrylonluile
2,4,6-trichlorophenol
Indeno(1,2,3-cd)pyrene
Benzene
Base -neutral compounds:
Isophorone
Bromofonu
Acenaphthene
Naphthalene
Carbon tetrachloride
Acenaphthylene
Nitrobenzene
Chlorobenzene
Anthracene
N-nitrosodi-n-propylarnme
Chlorodibromomethane
Benzidine
N-nitrosodimethylamine
Chloroethane
Benzo(a)anthracene
N-nitrosodiphenylamine
2-chloroethylvinvl ether
Benzo(a)pyre ne
Phenanthrene
Chloroform
3A ben2ofluorantliene
Pvrene
Diehlorobromomethane
Benzo(ghilperylene
1.2.4-trichlorobenzene
1,1-dieMoroetharie
Benzo(Ic)flu oranthene
1,2-dichloroethane
His (2-chloroethoxv) methane
I. The total set of samples analyzed during the current term of the permit must be representative of
seasonal variations.
2. Samples shall be collected and analyzed in accordance with analytical methods approved under 40
C>A R Part 136.
3. Unless indicated otherwise, metals
must be analyzed and reported as total recoverable.
Town of Clayton
NPDES No. NCO025453
8
u
4. 'Pest results shall be reported to the Division in DWQ Form- DMR-PPA1 or in a form approved by the
Director, within 90 days of sampling. Two copies of the report, shall be submitted along with the
DMRs to the following address: Division of Water Quality, Surface Water Protection Section, Central
Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617.
Town of Clayton
NPDES No. NCO025453
9
NPD S Permit Standard Conditions
Page l of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2 Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall
be representative of the wastewater discharged during the sample period.
Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
B Y as
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Dad
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
-with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
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totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. Use of this method requires prior approval by the Director. This method
may only be used in situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour
sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Dischar e
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
F MC
The North Carolina Environmental Management Commission.
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = I.
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Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
_Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
M-Qnthly Average concentration limit
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authoritv
The Director of the Division of Water Quality.
Quarterly Average (concentration limits
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant fisted as toxic under Section 307(a)(1) of the CWA.
—Se t
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the CWA and is grounds for enforcement action; for pertrit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.411.
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions
or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
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b. The C%VA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or
any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the
Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40
CFR 122.41 (a) (2)1
c. The CWA provides that any person who negligenlly violates sections 301, 302, 306, 307, 308, 318, or 405 of the
Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of
the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit, [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $10,000 per day for each day during which th'e
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219
(g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part IL C. 4), "Upsets" (mart I1. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS t43-215.3, 143-215.6 or Section 309
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of the Federal Act, 33 USC 1319. Furthermore, the Perrruttee is responsible for consequential damages, such as
Fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permttee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].
G. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this .permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. SigLiatoQLRequirernents
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.'
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)].
13. Permit Modification. Revocation and Reissuance_ or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Tide 15A of the North Carolina
Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee,Rcquirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and Maintenance of Pollution Controls
Certified 0129rator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC. 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G,0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into anew system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
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1'he Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
{l} Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to -the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
0) of this section.
5. U12sets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is Final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part 11. E. 6. (b) of this permit.
(4) "Ihe Permittee complied with any remedial measures required under Part 11. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset
has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter back -wash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503, The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 0)].
2. Reporting,
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR I, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement..
4. Test Procedures*
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3905 or hr.tp://h2c_>.enr.st.ate.nc.u�/lab/ccrt.hnn} for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.411.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for `Pampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Eccords Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least Five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. RecQrding Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Inspection and Ent
The Pertittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
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b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
I. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as
additions to the permitted facility [40 CPR 122.41 (1)].
soon as possible of any planned physical alterations or
Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (I).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alteration, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (2)].
Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (I) (3)1.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part I1. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. 'Twenty-four Hour Reporting
a. The Permittee shall report to the Director, or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.410) (6)].
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b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this pernut at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.410) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
Noncompliance Notification
The Pemiittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports �`"
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The C%VA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a Fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
12. _Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
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The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to:
NC DENR / DWQ / Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facilitywith the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter 000 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(l mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
0) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter 0 mg/L} for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific. measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) O and (j)]
Interference
Inhibition or disruption of the P0T%V treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTNV's NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTNVs. NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (20'M
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"5ignificant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903
(b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary-, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POT -NV treatment plant or more than 5 percent of
the maximum allowable headworks loading of the P011V treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POT%V's operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the PO'IAVs sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All P01-Ws are required to prevent the introduction of pollutants into the POT1rV which will interfere with the
operation of the PO'INV, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21
All POTi%Vs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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I. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that PO'T%V at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 214.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with
pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting
in Interference;
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW;
5. Heat in amounts which will may inhibit biological activity in the PO`I%V resulting in Interference,
but in no case heat in such quantities that the temperature at the POTAV 'Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature
limits;
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POINV in a
quantity that may cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
C. The Permittee shall investigate the source of all discharges into the WW IT, including slug loads and
other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment
Program and/or the operation of the VAVIFP.
The Permittee shall report such discharges into the WVVTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5.days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements fisted in Part I of this permit, it may be necessary for the Permittce to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as --amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittec shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (2)]
This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POT-%V
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 21-1.0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)]
The Pernuttee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall include
but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II
or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
Sewer Use Ordinance (SUO]
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (0 (1) and 403.9 (1), (2)]
2. Industrial Waste Survey aWS)
The perrnittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (0 (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POINV by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part_
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5.). [15A NCAC 2H,0906 (b) (2) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a FIWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
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Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Pernttee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local limits to implement the
prohibitions listed in 40 CFR 4035 (a) and (b) and 15A NCAC 2H.0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall
contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions,
and compliance schedules as necessary for the installation of treatment and control technologies to assure that
their wastewater discharge will meet all applicable pretreatment standards and requirements. The Pern ittee
shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from
all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization o Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial
users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit OUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1 (a) (8)]
7. P TW Inspection & Monitoring of their IUs
The Pemvttee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial users,
compliance with applicable pretreatment standards. [15A NCAC 2H ,0908(d); 40 CFR 403.8(f)(2)(v)]. The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited
pollutants, once during the period from January 1 through June 30 and once during the period from
July 1 through December 31, except for organic compounds which shall be sampled at least once per
calendar year; For the purposes of this paragraph, "organic compounds" means the types of
compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended.
8. JU Self Monitoring and Reporting
The Permittee shall require allindustrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or
in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(0(1)(v) and (2)(iii); 40 CFR
122.440)(2)]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth- in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division.
[15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)]
10. Pretreatment Annual Resorts (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 214 .0904 (b) may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
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For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS)
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Industrial Users (lUs) in Significant
Non -Compliance (SNC);
b.) Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms_(IDSQ
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU)
and any monitoring data for other Industrial Users (Ills) in SNC. These analytical results must be
reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public
notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is
needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a List of Industrial Users (IUs) that were in Significant Non -Compliance
(SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four
months of the applicable twelve-month period. [15A NCAC 2H .0903 b (35)..0908 bU(5) and .0905 and 40
CFR 403.8(O2vii�]
12. Record Keepg
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.
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